


"5 (o cuPROHIBITlNG ALIENS FROM FISHING IN WATERS OF ALASKA. 



HEARINGS 



BEFORE THE 



COMMITTEE ON THE TERRITORIES 



HOUSE OF REPRESENTATIVES. 



STATEMENT OF 

HON. F. W. CUSHMAN, M. C, 



FEBRUARY 12, 1906. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 

1 9 ( ) 6 . 



^ 



PROHIBITING ALIENS FROM FISHING IN WATERS OF ALASKA. 



r:: 



co:\imittee on the territories, 

House of Representatives, 

Monday, Fehruary m, 1906. 

STATEMENT OF HON. F. W. CUSHMAN, M. C. 

Mr. CusiiMAN. Mr. Chairman and g'entlenien of the committee, 
the first bill to which I want to call your attention is H. R. f0850, 
which is "A bill to proliibit aliens from fishing in the waters of 
Alaska.'- There are a number of bills pending before this com- 
mittee in reference to the fisheries in Alaska, but this is the only bill 
upon this subject. There was a prior bill introduced by myself, and 
at a later date this bill H. R. 10850 was introduced as a substitute 
measure. So, while there are two bills here pending', they are in 
reality one bill, and I therefore consider that there is no impro- 
priety in my proceeding with a brief statement in relation to this 
bill at this time, because I understand that no one has any objection 
to it. 

Under the present laws in relation to fishing in Alaska there are 
certain rules and regulations, certain limitations prescribed under 
which fishing may be carried on in the waters of Alaska ; but what 
law there is upon the statute book to-day in reference to this subject 
applies to all people. It applies with equal force to citizens and 
aliens, and the law makes no discrimination between citizens and 
aliens. There is no doubt about the power and authority of the Con- 
gress to enact legislation excluding aliens from the rights of fishery in 
the waters of Alaska for a distance of at 'least one marine league 
(three marine miles) from the shores of inlets and bays. Yet, al- 
though this is a subject upon wdiich we have a right to legislate, 
no legislation has been enacted thereon. 

The Chairiman. What has been the policy of other nations in 
reference to confining the use of their waters for fishing purposes 
to their own citizens? 

Mr. CuSHMAN. In the first place, in answer to the question of the 
chairman, I will say that it has been decided as a principle of inter- 
national law that fish are property, and that fish in adjoining waters 
along the shores of a nation are the property of that nation out to 
the limit of the authority of that nation, and that limit has for many 
years been established at 3 miles. I believe it is said that it was 
first established by reason of the fact that the range of a cannon 
in old days was 3 miles, and that a nation was supposed to have 
jurisdiction from the shore line out as far as the range of a cannon. 

3 



4 PROHIBITINd ALIENS FROM FISHING IN WATERS OF ALASKA. 

The Chairman. That is, as far as it could protect its jurisdiction. 

Mr. CiTSHMAN. Yes, sir. As far as the nation could ])rotect its au- 
thority. I am not entirely familiar aa ith the sul)ject to which the 
chairman alludes — that is, as to hov; far the nations of tlf world have 
endeavored to enforce their right of ownership over the hsh. 

The Chairman. I referred to the principal nations. 

Mr. CrsmiAN. I understand that the princii)al nations, and par- 
ticularly Eniilaud, have exercised this rig-ht, limitinir the rif^ht of 
fishery in the waters adjacent to their territory to citi/.ens of their 
own nation. 

The Chairman. What action haxc we taken for the [)rotection of 
the fur-hearino- seals ^ 

Mr. CiJSH.Ai.vN. ISIr. Chaii'nian. tiuit is a subject that is very intri- 
cate and very lengthy. I do not know that I could give you a com- 
])lete history\)f it. l know that it has been a sul)ject of friction, and, 
for instance, the catching of the seals in the Prihiloti' Islands, Alaska, 
has been a subject of international trouble and legislation for a good 
many years. 

The subject of this bill was hrst brought to my attention last sum- 
mer by Americans who had placed a large amount of capital, running 
away u]) into millions of dollars, in hshery plants and canneries in 
Alaska, and the fact was bi-ou.ght to my attention that Japanese were 
coming into the waters of Alaska with ships from their own country, 
and being ex])ert fishermen, were capturing a large number of salmon, 
often running up into hundreds of thousands of fish, salting them, 
and i-eturning witli them, and sometimes not even i)aying the tax 
thereon. They were in the line of independent fishermen, or poachers, 
one might say. T brought the matter to the attention of the Secre- 
tary of Commei'cc and Lid)(;r, ;iiid w lien I did so he informed me that 
the Department had already been investigating that, and they made 
me a rather lengthy and interesting report. 

I will first refer to tiiis bill. It is not lengthy, and its sole object 
is to prohil)it aliens fishing in Ahiska. Under date of July H, 1005, 
the Secretary of Connnerce and Lalxn' wrote me the following letter, 
addressed to me at Tacoma, State of Washington: 

Department of Commerce am) Laiior, 

OFFK K OF THE SECRF:TAItV. 

\V(is}iiii(;t():i. ■fitlii ■>. I'.Xi'). 

Sn{ : Itet'en-iiiK to yonr letter of M.iy L'2. T.M).'). nddressed to the Secretai'v of 
State, iiiclosiiii: a coinuuniicatioii addfcssed to yon by the Kelley-Clarke Com- 
pany, of Seattlo, Wash., relative to a .lapani-so tishin.^ exjiedition hound for 
Alaskan waters, which has been referred to this 1 tejiartnient for proper action. 
I have the hoiior to say : 

The a.ttention of the Department has already been called to the encroachment 
of .Tapanese tishermeii upon the salmon lisheries <if Alaska, and the situation 
has been i^ivcn exliaustive attention. 

!n rcsjionsc to my re(|uest for .-ai oiiinicn as to the authority of the Depart- 
ment in the |)ivmises. the Solicitor of the Department advises me that a careful 
readini: of the Alaskan salmon tisheries act and other laws detiiiing the juris- 
diction, supervision, and control which the or.t:;anic act transferred to and 
vested in the I)e|i.artnient of Connnerce and Labor fails to disclose any authority 
to i»rohibit aliens from taking tish in Alaskan waters. 

The provisions of law which authorize this Deitartment to establish and 
enforce such reiinlations and sur\eill;ince as may be necessary to s(>cure compli- 
ance with the laws relating; to the salmon fisheries of Alaska are i^eneral in 
their aiijilication and do not distini,'uish between aliens and citizens of the 
Uniled States. It ajipears. therefore, that the Department is witliout authority 



PROHIBITING ALIENS tROM FISHING IN WATP:RS OF ALASKA. 5 

to est.'ililish and eiitVtrce regulations applicahh' only to .Taitancsc tisliernien for 
the i)uri)ose of exclndin.i,' tlieni. Ke.irulations itroliihitinij; tishinsr in eertain 
waters or at certain times would include and he ()]ierative aK:ii!\st citizens as 
well as aliens. 

I am advised further that while it is clearly competent for ("ouiiress. by a()])ro- 
jtriate legislation, to exclude aliens from fishing in Alaskan w;:ters. it has not 
yet done so, and until it acts this Department is without authority to prevent 
the encroachment of .Ja])anese fishei-men upon the salmon fisheries of Alaska. 

In my opinion this is a matter which nnght very properly he called to the 
attention of the next Congress, and i>reparatory to such action the ol1i( ers of 
this L)ei)artment charged with the enforcement of the Alaskan salmon fisheries 
act have Iteen instructed to give the matter their closest attention, and they 
are now m:iking a careful investiga.tion of the encroachment of the .Ia])anese 
fishermen complained of. In c(jmpliance with the recpiest of this I)ei)artment 
the orticers of the Kevenue-t'utter Service stationed in Alaska have been in- 
formed of the situation and instructed to gather information and make a full 
and complete report on the situation. 

I inclose herewith a copy of an <i]nnion of the Solicitor of this I >ei)aitment in 
regard to the matter. 

Kespectfull.v, \'. II. Mktcai.k, 

So-i-ctiiri/. 

lion. Francis W. t'rsn.MAX. M. ('.. 'I'dcdiim. Wdsli. 

If I am not wearying the gentlemen of the committee, I w ovild like 
to read that opinion also, as it goes somewhat into the legal phase of 
the matter and is of some importance. The letter from the Solicitor 
of the Dej^artment of (\)mmerce and Lahor. under date of March 81, 
1905, is as follovrs: 

Department of .Iustice. 
Office Solicitor of Department of Commerce and Labor, 

W(is]iiii(/t()ii. Mairh SI, 190',. 

The Secretary of Commerce and I>acor. 

Sir: In rei)ly to your request for uiy o])inion as to the authorit.v of this De- 
partment to prevent the encroachments of .lapanese fishermen upon the salmon 
fisheries of Alaska, I have the honor to say : 

It api)ears from the petitions and protests which have been filed with you that 
the business of catching, curing, and canning salmon and other fish products of 
the waters of Alaska and of the States of Washington. Oregon, and California 
has develo])ed into an industry of great promise. The value of the proi)ei'ty now 
employed in the prosecution of this industry is .f^ W,00( »,0(X) ; the number of men 
and women employed is 4<».00(). and the total value of the annual product is 
about .$28,000,(100. ' It is estimated that there are .500,000 .lapanese engaged in 
the fishing business, a great many of whom have for many years been engaged in 
importing salt salmon, which is a favorite necessity, from the Siberian coast. 
Three years ago they came into the American markets, and now that they are 
losing their foothold on the Siberian coast, it is claimed that the.v will swarm 
into Alaskan waters if some jireventive action is not immediately taken. Their 
advent in American waters, it is alleged, will be a menace to the busin(\ss in- 
terests of Washington and Alask.M, and the action of this Department is urged. 

It is well settled that fish in their natural element, unconfined, are imblie 
property. They are the i)roperty ()f the nation. The right of a nation to appro- 
priate its marginal seas and to reserve exclusively to its citizens the right to 
take fish in such marginal seas is a well-recognized princijile of international 
law. (Hall on Intern.-itional Law, p. LIS. 4th ed. ; Halleck on International 
Law, p. 10.5. .">d ed. ; Taylor on International Public Law. ]>. '2UC>.) 

It is also well settled that the right of a nation to exercise sovereignty and 
.lurisdiction over its marginal seas extends for a distance of at least 1 marine 
league from shore. This principle was recognized by the Supreme Court in the 
case of Manchester r. Massachusetts (1.30 U. S.. 2.58). in which case the court 
said : 

" We think it must be regarded as established that, as between nations, the 
minimum limit of the territorial .lurisdiction of a nation over tide waters is a 
marine league from its coast ; that bays wholly within its territory not exceed- 
ing 2 marine leagues in width at the mouth are within this limit, and that 
included in this territori.il jurisdiction is the right of control over fisheries. 



6 PROHIBITING AUENS FROM FISHING IN WATERS OF ALASKA. 

wlu'tlior tlu' lisli be inijirntnrv. fvee-swinimin.ii fish, or free-moving tisli, or fish 
iittaclied to or eiiihedihMl in the soil. The open sea within this limit is. of course, 
subject to the common right of navigation; and all governme'.its. for the pur- 
pose of ^!elf-]trotection in time (if war or for the prevention of frauds on its 
revenue, exercise an authority beyond this limit." 

This distance ( 1 marine le.igue from the sliore) was fixed by the supposed 
range of a cannon in position. The more. recent extension of the power of 
artillery would suggest tliat the distance might iiroperly be increased from time 
to time with the increased range of guns. The Ignited States has, however, gen- 
erally rcH'ognized this distance in its negotiations with other nations, and the 
rule seems to be so far fixed th;it a nation is boimd by it in the absence of 
ex]>ress notice that a larger extiMit is claimed. (Hall on International Law, 
par. 41. 4th ed. ) 

It cleai-ly appears, tliert fore. Iliat ('i>!igress l;y appropriate legislation. snl).1ect. 
of (")ui'se. to ti'e.-ity rights. ina.\ exchide aliens from fishing in Alaskan \\'aters. 
at least williin 1 marine league of the shoi'e. as al)ove defined. It only remains 
to ite cnusidered. therefoi'e, whether or not Congress has so exercised this power 
;is to authorize the I)e]i;irtment of ("oiuiiierce and Labor to grant the relief 
sought liy the iietitiou. 

Section .'t of tlie (U'ganic :ict ](i'o\-ides: 

" Th.-it it sh.nli Ite the i)!-ovince and duly of said Department to foster. ]>romote. 
and develo]) the foreign and domestic conuuerce. the mining, manufacturing, 
shipping, and fishery iudustrirs. ••= '■■ * ; and to this end it shall be vested 
with Jurisdiction .and conl^rol i:\' the dei>artmen1s. bureaus, offices, and branches 
of t!ie luiblic s(>rvice lierein.-ifter specified, and with such othei' ]>owers and 
duties ;!S uiay lu^ prcscrilied by law." 

It is to in' ()bser\'ed. liowe\'er. that the section above ouoted does not vest in 
this DepartuKMit any specific jicwer other than is now or may be itrescrilted b.v 
law. The salmon and other iis'ieries of .Vlasi^.-i are again referi'ed to in section 
7 of th(> oi-ganic act. which is in jiart as follows: 

"The jurisdiction. ~!Ui"-i'\!sii!n. and control now jtossessed -'ud exercised by 
the Departmeid of the Treasinw over tii" fnr-; " 1. sahiicn.. and otlier ti-!ieiaes of 
Alaska * ■' * iwe hereby transferred an;' vested in the 1 )ei»art;ii(Mit of 
Commerce and Labor." 

A careful reading of t!ie Ahi'^kan salmon fisheries act and ofiier laws defining 
the jurisdiction. snpei-\ ision. and conlrol wiiich the foregoing <'iau; c of the 
organic act fr.insferred to and vested in the Department of ('onrmc-rce and 
Labor fails to disclose aiiv an!h<n-i1y to jmdnbit aliens from taking fish in 
Ahiskan w.aters. The jn'ovisions of huv which .au.thorize you to establish and 
enfoi'ce such regulations ;ind surveillance as may Ik- necess.ary to secure com- 
pliance with the l;'.ws relating to the s:ilmo!i fisheries of Alaska are general in 
their a|)]>lication and do not distinguish b(>f\veen aliens and citizens of the 
United States. You are. therefore, witliout authority to establish and enforce 
regulations. aii|i1icable only to -lapanese tishemien. for the purjiose of excluding 
them. IJegulations ]>roliibiting tishing in cert.ain wafers or .-if certain times 
would include :ind be oper.ative against citizens as well us aliens. 

I :iin. tlioref<u-e. of the opinion that wliile it is clearly c< mpete!!f for Congress, 
by ai)p!'(;p.aa.fe legislation, to exi'luib" aliens from fishing in Alaskan waters, it 
has not yet do!ie so, and until it acts tiiis Department is without .authority to 
prevent the encroachment of Japanese fishernu'U upon the saln\ou fisheries of 
Alaska, as re(iui^sted in the jtetitions submitted. 

The st.atement tha.t if the .laiianese are allowed to fish in .Vnierican waters 
unmolested tlic>y will escape th.e specific t.ix wliich othei's are con!i)ello:l to bear 
is doubtle<s due to a misapiirehension of the l.aw. The section in pniid (sec. 
4CvO. :n Sf.at. 1... ."."(11 provides : 

"'['hat ;inv pers.ai or !>ersons. coriioi'al ion. or comjiany iin^secahing er affemitt- 
iug to iires<'cute any of the following lines of business wilhin the district of 
Alaska. sh;ill fiist ajiply foi' and obtain license so to do from a district court or 
a suinli vision thei-eof in sai'l di'<tri<-f and pay for said license for the respective 
lines of business and tiade, as toll w s. to wit. 

"Fisheries: Salmon canr^M'ies, :' nr .-iMts per case; salmo!' salteries. ten 
c(>iifs per barrel: fish-oil W(-ri;s. ten cents pcv bai-re' : fertilizer works, twenty 
cents |ier t<'n." 

]( is manifest from th(> t'< ve-oiu ; ■>h;if ail itersnis. ;• :ri>or,;iions. or eonipanies 
engaLced in the business of : lu'ing : i;d ca'.inirg sain •;!! .and other fish products 
within the district of .Masi-a are .quired to procuc a li eiise and pay a tax. 



PEOHIBITING ALIENS FEOM FISHING IN WATERS OF ALASKA. 7 

Tlie law includes aliens as well as citizens. I am informed that in order to con- 
duct profitable flsliin,ir operations it is necessary to maintain on shore a cannery 
or saltery. Assnmins this to he the case the Japanese will not escape the pay- 
ment of the tax if the law is proi)erly enforced. 

Very respectfully. Edwin W. Sims. Solicitor. 

Mr. Chairman. I do not wish to weary the committee by reading 
any further. 

The Chairman. AVe will be glad to hear anything further, if it be 
as interesting as that opinion which you have just read. 

Mr. CusHJNtAN. There is on file here at j^resent the report of the De- 
partment of Commerce and Labor in reference to this general subject. 

The Chairman. Of prohibiting aliens 

Mr. CusHiMAN. Of prohibiting aliens from fishing in the waters of 
Alaska. Under date of January 4, 1905. the Department of Com- 
merce and Labor's report upon this subject is as follows. The letter 
is addressed to the Hon. Edward L. Hamilton, chairman of the Com- 
mittee on Territories, House of Representatives, Washington, D. C. : 

Department of Commerce and Lahor. 

Office of the Secretary. 
WasJii^igton. Januari/ J. J905. 

Sir: Referring finther to your letter of December Hi, 1905, inclosing a copy 
of 11. U. 472. a bill " To ])rohiliit aliens from fishing in the waters of Alaska." 
introduced by Hon. F. W. Cuslnnan. I have the honor to state: 

In my opinion, legislation of the kind proixised is nrgeiitly needed. It ap- 
pears from the records and files of the Department that the business of catching, 
curing, and canning salmon and other fish products of the waters of Alaska and 
of the States of California, Oregon, and Washington, has developed into an 
industry of great promise. It is estimated that the value of the property em- 
ployed in this business is .$:')0,000,000 ; that the number of employees is 28,000, 
and the total value of the annual product is .*p20.00o.OOO. 

Early in 1905 these interests i)etitioned this Department to take steps to pre- 
vent the encroachment of .lapanese fishermen on the salmon fisheries of Alaska, 
but in the absence of a law i)ri>hil)iting aliens from fishing in Alaskan waters 
the Department could do no moi'e than investig-ate the situation. Instructions 
to this effect were accordingly issued to special agents of this Department and 
through the Treasury Dei)artnient to the ofiicers of the lievenne-Cutter Service. 
Acting under these instructions Capt. W. H. Roberts, connuanding the revenue 
cutter Prrnj, proceeded to Attn Island, the farthermost island of the Aleutian 
group, where, on .Tune 27, 1905, he discovered four .lapanese schooners conduct- 
ing extensive fishing ojierations. The vessels carried substantial crews, were 
equii)ped with all necessary ajtparatus for catching, cleaning, and salting fish, 
and when discovered had taken al)ont 7,50<i salmon. They had observed no 
customs i-egulations, were clearly trespassers, and left Saranna Bay within 
twenty-four hours after the arrival of the revenue cutter. The rei)orts received 
by the Department from its special agents also show that during the season 
three other .Japanese schooners entered regularly at .Tuneau, Alaska. This latter 
expedition did not attemiit to c-onduct fishing operations, liut liought from Amer- 
ican fishermen. 

So far as is known the fishing operations of the Japanese have l>een confined 
to the expedition of one vessel in 1904 and the expedition of the four reported 
in 1905. The expedition of 19((4 consisted of one Japanese lirig.-uitine which 
sailed away with 2n(i.(t()(» salmon and :>(t,()00 salmon trout. 

The American fishing interests fear that unless some preventive action is 
immediately taken l)y this Government alien fishermen — especially .Japanese 
fishermen — will swarm into Alaskan waters in large numbers. These fears 
seem to be -weU grounded in view of the fact that there are estimated to be 
nearly 900.000 Japanese families engaged in fishing; that previous expeditions 
have l>een successful : that Attn Island, where the .Ia|)anese exi)editions were 
discovered last year, is ni)ward of 900 miles nearer to Tokyo than it is to San 
Francisco, and that salted salmon is a favored food among the Japanese. 

The Japanese have for many years been importing salmon from the Siberian 
coast. Three or four years ago they came into American markets and began 



8 PROHIBITING ALIENS FROM FISHING IN WATERS OF ALASKA. 

to contract for dry-salted salmon of a clieai* srade. The extent of the im- 
l>oi'tations of salted salmon and front into Japan for the four years beginning 
with 11M»1 is as follows: 

I iiiixtris to ./(iiHtii — Salted .saJiiioii and trout. 



From United States during— 


Japanese statement. 


United States equiva- 
lentf9. 




Quantity. 


Value. 


Quantity. Value. 


1904 . 


Kins. 
2,()23,1]7 

7.511. 7(50 
2,900,040 
1,920,891 


5V?i.s. 
193, :«4 
43, 1(!4 
202,659 
122,551 


Pomiiis. 

3,461,194 1 $96,265 


1903 .. 


998,923 1 21,496 


1902 


3.828,053 100,924 


1901 -■ 


2.535.576 61,030 









Under existing laws the Department is without authority to ja-ohihit aliens 
from fishing in Alaskan waters. The provisions of law which authorize the 
Secretary of Connnerce and Labor to establish and enfon-e such regidations 
and surveillance as may be necessary to secure a compliance with the laws 
relating to the salmon fisheries of Alaska are general in their apidication and do 
not distinguish bc^twcen aliens and citi/>ens of the Fnited States. This Depart- 
ment, therefore, is without authority to establish an<l eiifoi-ce regulations aii- 
jilicable only to alien fishermen for the imrpose of excluding them. The regula- 
tions prohiititing fishing in certain waters or at certain times would include 
and be ojierative against citiv.cns as well as alii'iis. 

There ai)i)ears to be no (piestion. however, as to the jiower of Congress to 
ado]it laws to prohibit aliens from fishing in Alaskan waters. It is well settled 
that fish in their natural element, unconfined. :ire pul)lic ]>ro]iei'ty. Tlicy are 
the ])roperty of the nation, and the right of the nation to appropriate its mar- 
ginal seas and reserve exclusively to its citizens the right to fish in such mar- 
ginal seas is a well-i-ccogni'/ed ])rincii>le. (Hall on International Law, ]). ir)8, 
4th ed. : Ilalleck on International Law. \). ICI. :!d vd. : Taylor on International 
Public Law. p. •_'!•(;. ) 

It is also well settled that the right of a nation to exercise sovereignty and 
jurisdiction over its marginal seas extends for ii distance of at least 1 marine 
league from shore. (Manchester r. Massachusetts. l.".n V. S.. i.lS. ) 

The necessity and desirability- of excluding aliens from fishing in tb.e waters 
of Alaska is demonstrated by the experience with the Japanese fishermen here- 
inbefore mentioned. Dui'ing the time these aliens were in Alaskan waters they 
seem to have met v.ith a fair measure of succ'ss. and it is not unreasonable to 
suppoi^e that not oiUy will they return to thi-se newly discovered fields of i»roHt. 
but that they will be a<c 'mjia.nied by other vessels, and naturally the number 
invading Alaskan waters to engage in fishing operations will increase from year 
to year. 

In this comiection it (ua.y not be out of i)l;ice to call attention to the fact that 
the Canadian government alnMdy has rigcrous aiitialien fisliiag laws, aiii>li<'able 



to both the Atlantic and I'aciti'- coasts, sor. 
liidding American fisbcrn-cn frcui enteriii!. 
]irocuring bait. 

For the reasons above cited 
absolutely prohibiting aliens fr( 
Kes])ectfully. 

Hon. Edwahi) L. Hamilton, 

Oiaininni Coiiiiii it tec an 7V'r;w7oy/c.v. 



- of vJiich 
Canadian 



g'! to tlie extrenu' of for- 
ports for the purpose of 



1 urgt'utly recommend the enactment of a law 
an fishing in Alaskan waters. 

V. H. .Mktcalf, Srrrrtari/. 



II mis 



if I'cprcscntdtircs. }]'asli i in/toii. 



Mr. Klepi'kk. Then the annual output of fish has been $20,000,000, 
which is $5,000,000 more than the output of gold from Ahiska ? 

Mr. CusHMAN. Yes, sir ; that is true. The first bill which I intro- 
duced was H. II. 10850, and on the same day (January 4, 1906) the 
."Secretary of Commerce and Lal)or submitted another short letter, 
whicli is important. It is addressed to the Hon. Edward L. Hamil- 



PROHIBITING ALIENS FROM FISHING IN WATERS OF ALASKA. V 

ton, chairman of the Conmiittee on Territories, Honse of Representa- 
tives, Washington, D, C. 

Department of Commerce and Labor, 

Office of the Secretary, 
Washington, Januanj J/, 1906. 
Sir: In rei)ly to your letter of December 16, 1905, inclosing a copy of H. II. 
472, a bill " To prohibit aliens from fishing in the waters of Alaska," introduced 
by Hon. F. ^^'. Cushman, and re(iuesting suggestions with reference thereto. I 
have to state that the bill introduced l)y Mr. Cushman conforms substantially 
to the ideas of the I>epartment on the subject. The bill in question was pre- 
pai*ed in this Department, luit the draft was submitted before the conclusion of 
its consideration of the subject, and consecpiently a few nnnor changes from the 
original draft are now regarded as desirable and necessary. I have the honor, 
therefore, to submit herewith a draft of a bill, which, in all essential ])articulars, 
represents the ideas of the Dei»artment with reference to legislation on this 
subject. 

It will be noted that section 2 has been changed so as to subject vessels usihI 
or employed in violation of the act to a fine in addition to that provided for in 
the case of individual offenders. There is also added a provision making the 
po.ssession b.v an alien of fresh or cured fish and apparatus and imiilements in 
the waters of Alaska prima facie evidence of a violation of the provisions of the 
act. 

With these excei)tions and one or two other changes, which it has been deemed 
advisable to make, the draft of the bill inclosed is the same as that introduced 
i)y Mr. Cushman. 

The urgent necessit.v of effective legislation on this subject at an early date is 
clearly shown by the statements on page '.','.) of my annual rei)ort for 1".»0.">, .i copy 
of which is li(>rewith inc-losed, and also by statemcMits contained in a letter 
treating of the sui)ject generally, which I ain sending you at this time 
Respectfully, 

,V. H. Metcalf. Sccrctdry. 
Hon. Edward L. Hamilton. 

('liainiKiii Coimiiitter on Tciritoricx. 

House of Reprrsrntatircs. WiisJiiiif/toii. 

Xow, Mr. Chairman, there is only one fnrther report upon this 
snbject that I would like to call to the attention of the committee, and 
that is from the State Department. It occurred to me that, perhaps, 
in legislating- upon a suhject of this kind in reference to other nations, 
we might be tres])assing somewhat on the jurisdiction of the State 
Department. It is proi)er that I should state at this time that while 
this bill is general in its scoi)e. prohibiting all aliens from fishing in 
the w^aters of Alaska, it was aimed primarily at the Japanese who, by 
reason of their proximity to these waters, are the nation w^hich is at 
present most e.xtensively engaged in fishing therein. Therefore the 
chairman of this committee, at my suggestion, wrote the Secretary of 
State, and under date of January "25, 1006, the Department replied 
as follows: 

Department of State. 
WiisJiiiif/foii. ■Jaiiuarii 25. IflOii 
Hon. Fl L. Hamilton, 

(Iminnun Coniniittrc on tlic Territories. House of Reprfseiitatires. 

Sir: I have the honor to acknowledge the receipt of your letter of the l(>th 
instant, with which you inclose a co])y of the bill II. R. 1()S.50, "To prohibit 
aliens from fishing in the waters of Alaska." You state that the bill has the 
appro^■al of the Secretary of Connuerce and Labor, who states that there is 
urgent need of legislation in the direction suggested by the bill, and that the 
counnittee would be glad to have any suggestion which I may desire to offer in 
relation to the provision of the bill as affecting existing treaty stipulations. 

There are two aspects in which the matter would present itself to this 
Department : 

1. Our treaty relations with .Japan. 

2. Our treaty relations with otlier countries. 



10 PROHIBITINd ALIENS FROM f^ISHINa IN WATERS OF ALASKA. 

I have exiunined tlio hill in (Hfinicctioii with (mr treaties witli Jaiiau. I tind 
no provision tlienMn .i;ivin,u: Japanese the riyht to tish in American waters. If 
any sneh treaty provision existed, it would defeat the pnri)Ose of the proposed 
law. as the latter includes a i)roviso declarin.a: that nothing contained therein 
shall he construed as affecting any existing treaty or convention hetween the 
LTnited States and any foreign power. 

As to the effect (»f the hill on our treaty relations with countries other than 
Japan, the proviso (pioted ahove guards against ])ossible contiict with any treaty 
provision on the subject with other countries. 

As to whether or not it is expedient to im'\ent .Japanese from fishing in 
Alaskan waters. I should he (lisi)osed to give weight to any statements made by 
the Department of Counnerce and Labor concerning the effects of Jajiauese 
fishing in Alaskan interior waters, and the detriment which may have been 
caused thereby to our own people. 

I have the honor to be, sir. your oiiedient servant. 

Eliiih Root. 

I think that these comprise all of the official reports upon this 
subject in relation to the bill in question. Perhaps I have taken 
more time in presenting the subject than I should, but I consider it 
an important one. If there are any special provisions of the bill 
upon which the connnitte-e would like to be informed, I will be glad 
to explain them as far as possible. The bill is very brief, and I will 
read it if the committee will permit. 

Mr. Powers. How do you like that second claus(>, '' or has not 
declared his intention to become a citizen of the United States? " 

Mr. CusH3;iAx. I do not like it very well. It is easy for any man 
to declare his intention to become a citizen of the United States. 

Mr. Powers. I think that there should be an addendum as follows: 
" Wlm has l^ecome a citizen of the United States, and who is an 
actual resident thereof." 

Mr. CusiiMAX. That is a very good suggestion. Mr. Lloyd, does 
that not strike you as a very pertinent suggestion '( 

The Chairman. That is a matter that may very properly be taken 
into consideration by the subcommittee. 

O 



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